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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default What Happens in Court After a DUI Charge

    My question involves criminal law for the state of: Georgia (Gwinnett County)

    I was arrested 2/10/12 in Braselton, Georgia charged with DUI. I was not driving the vehicle, did not own the car and was in the passenger seat when the vehicle was pulled over. The officer claims that he witnessed the car stop, the occupants exit the vehicle and switch seats then drive off- all witnessed through his side view mirror (this occurred in pitch black at 11:30pm). Reality is the driver struck something, pulled over and we got out to examine the damage, hence why we were out of the vehicle. I was never at any point behind the wheel of this car.

    The case was transferred to Gwinnett County, Georgia on 8/2012. My first court date was 9/11/2012 where I asked for a continuance and a court appointed attorney where the continuance was granted and I paid the applicable fees for the court appointed attorney application. I called the clerk of court today and was told that I would have to come to court where the judge would rule on the court appointed attorney and no court date has been set, still.



    My question is threefold:

    1. Has my right to a speedy trial been violated considering it has been nearly a year and this still has gone nowhere?

    2. Why do I have to go back to court to be for his ruling on a court appointed attorney when I will have to potentially go back again if this goes to trial (I live in Florida so it is not a simple commute)?

    3. Would filing a motion to dismiss be beneficial at this time?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: What Happens in Court After a DUI Charge

    You have to specifically invoke your speedy trial rights. The fact that the delays seem to be YOUR FAULT aren't gong to help you. You (or more properly your lawyer), will need to demand the speedy trial if you are now ready to proceed.
    I see no grounds to dismiss here.

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